(d)work available for a certain number of hours per week or at 5particular times,

and may be indefinite or for a particular period.

6EWork availability requirement

(1)In this Act a “work availability requirement” is a requirement that a claimant be available for work.

(2)10For the purposes of this section “available for work” means able and willing immediately to take up paid work (or more paid work or better-paid work).

(3)Regulations may impose limitations on a work availability requirement by reference to the work to which it relates; and the Secretary of State 15may in any particular case specify further such limitations on such a requirement.

(4)A limitation under subsection (3) may in particular be by reference to—

(a)work of a particular nature,

(b)work with a particular level of remuneration,

(c)20work in particular locations, or

(d)work available for a certain number of hours per week or at particular times,

and may be indefinite or for a particular period.

(5)Regulations may for the purposes of subsection (2) define what is 25meant by able and willing immediately to take up work.

6FImposition of work-related requirements

(1)The Secretary of State must, except in prescribed circumstances, impose on a claimant—

(a)a work search requirement, and

(b)30a work availability requirement.

(2)The Secretary of State may, subject to this Act, impose either or both of the following on a claimant—

(a)a work-focused interview requirement;

(b)a work preparation requirement.

6G35Connected requirements

(1)The Secretary of State may require a claimant to participate in an interview for any purpose relating to—

(a)the imposition of a work-related requirement on the claimant;

(b)verifying the claimant’s compliance with a work-related 40requirement;

(c)assisting the claimant to comply with a work-related requirement.

(2)The Secretary of State may specify how, when and where such an interview is to take place.

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(3)The Secretary of State may, for the purpose of verifying the claimant’s compliance with a work-related requirement, require a claimant to—

(a)provide to the Secretary of State information and evidence specified by the Secretary of State in a manner so specified;

(b)5confirm compliance in a manner so specified.

(4)The Secretary of State may require a claimant to report to the Secretary of State any specified changes in their circumstances which are relevant to—

(a)where the Secretary of State may impose a requirement under 15the preceding provisions of this Act, as to when the requirement must or must not be imposed;

(b)where the Secretary of State may specify any action to be taken in relation to a requirement under the preceding provisions of this Act, as to what action must or must not be specified;

(c)20where the Secretary of State may specify any other matter in relation to a such requirement, as to what must or must not be specified in respect of that matter.

(2)Where the Secretary of State may impose a work-focused interview requirement, or specify a particular action under section 6C(1) or 256D(1)(b), the Secretary of State must have regard to such matters as may be prescribed.

(3)Where the Secretary of State may impose a requirement under the preceding provisions of this Act, or specify any action to be taken in relation to such a requirement, the Secretary of State may revoke or 30change what has been imposed or specified.

(4)Notification of a requirement imposed under the preceding provisions of this Act (or any change to or revocation of such a requirement) is, if not included in the claimant commitment, to be in such manner as the Secretary of State may determine.

(5)35Regulations must make provision to secure that, in prescribed circumstances, where a claimant has recently been a victim of domestic violence—

(a)a requirement imposed on the claimant under the preceding provisions of this Act ceases to have effect for a period of 13 40weeks, and

(b)the Secretary of State may not impose any other requirement on the claimant during that period.

(6)For the purposes of subsection (5)—

(a)“domestic violence” has such meaning as may be prescribed;

(b)45“victim of domestic violence” means a person on or against whom domestic violence is inflicted or threatened (and regulations under subsection (5) may prescribe circumstances

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in which a person is to be treated as being or not being a victim of domestic violence);

(c)a person has recently been a victim of domestic violence if a prescribed period has not expired since the violence was 5inflicted or threatened.

6ICompliance with work-related and connected requirements

Regulations may make provision as to circumstances in which a claimant is to be treated as having—

(a)complied with or not complied with any requirement imposed 10under the preceding provisions of this Act or any aspect of such a requirement, or

(b)taken or not taken any particular action specified by the Secretary of State in relation to such a requirement.

6JHigher-level sanctions

(1)15The amount of an award of jobseeker’s allowance is to be reduced in accordance with this section in the event of a failure by a claimant which is sanctionable under this section.

(2)It is a failure sanctionable under this section if a claimant—

(a)fails for no good reason to comply with a requirement imposed 20by the Secretary of State under a work preparation requirement to undertake a work placement of a prescribed description;

(b)fails for no good reason to comply with a requirement imposed by the Secretary of State under a work search requirement to apply for a particular vacancy for paid work;

(c)25fails for no good reason to comply with a work availability requirement by not taking up an offer of paid work;

(d)by reason of misconduct, or voluntarily and for no good reason, ceases paid work or loses pay.

(3)It is a failure sanctionable under this section if, at any time before 30making the claim by reference to which the award is made, the claimant—

(a)for no good reason failed to take up an offer of paid work, or

(b)by reason of misconduct, or voluntarily and for no good reason, ceased paid work or lost pay.

(4)35For the purposes of subsections (2) and (3) regulations may provide—

(a)for circumstances in which ceasing to work or losing pay is to be treated as occurring or not occurring by reason of misconduct or voluntarily;

(b)for loss of pay below a prescribed level to be disregarded.

(5)40Regulations are to specify—

(a)the amount of a reduction under this section;

(b)the period for which such a reduction has effect, not exceeding three years in relation to any failure sanctionable under this section.

(6)45Regulations under subsection (5)(b) may in particular provide for the period of a reduction to depend on either or both of the following—

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(a)the number of failures by the claimant sanctionable under this section;

(b)the period between such failures.

(7)Regulations may provide—

(a)5for cases in which no reduction is to be made under this section;

(b)for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;

(c)for the termination or suspension of a reduction under this 10section.

6KOther sanctions

(1)The amount of an award of a jobseeker’s allowance is to be reduced in accordance with this section in the event of a failure by a claimant which is sanctionable under this section.

(2)15It is a failure sanctionable under this section if a claimant—

(a)fails for no good reason to comply with a work-related requirement;

(b)fails for no good reason to comply with a requirement under section 6G.

(3)20But a failure by a claimant is not sanctionable under this section if it is also a failure sanctionable under section 6J.

(4)Regulations must specify—

(a)the amount of a reduction under this section;

(b)the period for which such a reduction has effect.

(5)25Regulations under subsection (4)(b) may provide that a reduction under this section in relation to any failure is to have effect for—

(a)a period continuing until the claimant meets a compliance condition specified by the Secretary of State,

(b)a fixed period not exceeding 26 weeks which is—

(i)30specified in the regulations, or

(ii)determined in any case by the Secretary of State, or

(c)a combination of both.

(6)In subsection (5)(a) “compliance condition” means—

(a)a condition that the failure ceases, or

(b)35a condition relating to future compliance with a work-related requirement or a requirement under section 6G.

(7)A compliance condition specified under subsection (5)(a) may be—

(a)revoked or varied by the Secretary of State;

(b)notified to the claimant in such manner as the Secretary of State 40may determine.

(8)A period fixed under subsection (5)(b) may in particular depend on either or both the following—

(a)the number of failures by the claimant sanctionable under this section;

(b)45the period between such failures.

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(9)Regulations may provide—

(a)for cases in which no reduction is to be made under this section;

(b)for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within 5a prescribed period of the termination;

(c)for the termination or suspension of a reduction under this section.

6LDelegation and contracting out

(1)The functions of the Secretary of State under sections 6 to 6I may be 10exercised by, or by the employees of, such person as the Secretary of State may authorise for the purpose (an “authorised person”).

(2)An authorisation given by virtue of this section may authorise the exercise of a function—

(a)wholly or to a limited extent;

(b)15generally or in particular cases or areas;

(c)unconditionally or subject to conditions.

(3)An authorisation under this section—

(a)may specify its duration;

(b)may be varied or revoked at any time by the Secretary of State;

(c)20does not prevent the Secretary of State or another person from exercising the function to which the authorisation relates.

(4)Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated 25for all purposes as done or omitted to be done by or in relation to the Secretary of State or (as the case may be) an officer of the Secretary of State.

(5)Subsection (4) does not apply—

(a)for the purposes of so much of any contract made between the 30authorised person and the Secretary of State as relates to the exercise of the function, or

(b)for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of that person).

(6)35Where—

(a)the authorisation of an authorised person is revoked, and

(b)at the time of the revocation so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function is subsisting,

40the authorised person is entitled to treat the contract as repudiated by the Secretary of State (and not as frustrated by reason of the revocation).”

(4)In section 29 (pilot schemes), in subsection (8), for the words from “ascertaining” to the end there is substituted “testing the extent to which the 45provision made by the regulations is likely to promote—

(a)people remaining in work, or

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(b)people obtaining or being able to obtain work (or more work or better-paid work).”

(5)In section 35 (interpretation), in subsection (1), at the appropriate places there is inserted—

5““work availability requirement” has the meaning given by section 6E;”;

““work preparation requirement” has the meaning given by section 6C;”;

““work search requirement” has the meaning given by section 106D;”;

““work-focused interview requirement” has the meaning given by section 6B;”;

““work-related requirement” has the meaning given by section 6;”.

CHAPTER 2Employment and support allowance

15Conditions of entitlement

50Dual entitlement

(1)In section 1 of the Welfare Reform Act 2007 (employment and support allowance), after subsection (6) there is inserted—

“(6A)In subsection (3)(f), in relation to a contributory allowance, the 20reference to a couple entitled to a joint-claim jobseeker’s allowance does not include a couple so entitled by virtue of regulations under paragraph 8A of Schedule 1 to the Jobseekers Act 1995.”

(6A)In a case where—

(a)an award of an employment and support allowance is made to a person 25in respect of any period of time before the coming into force of subsection (1), and

(b)the person was not entitled to an employment and support allowance in relation to that period but would have been had subsection (1) been in force in relation to that period,

30subsection (1) shall be regarded as having been in force in relation to that period.

51Period of entitlement to contributory allowance

(1)After section 1 of the Welfare Reform Act 2007 there is inserted—

“1ADuration of contributory allowance

(1)35The period for which a person is entitled to a contributory allowance shall not exceed, in the aggregate, 365 days in any period for which his entitlement is established by reference (under the second condition set out in Part 1 of Schedule 1) to the same two tax years.

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(2)The fact that a person’s entitlement to a contributory allowance has ceased as a result of subsection (1) does not prevent his being entitled to a further such allowance if—

(a)he satisfies the first and second conditions set out in Part 1 of 5Schedule 1, and

(b)the two tax years by reference to which he satisfies the second condition include at least one year which is later than the second of the two years by reference to which (under the second condition) his previous entitlement was established.

(3)10The reference to days in subsection (1)—

(a)includes days occurring before, as well as after, the coming into force of this section;

(b)does not include days in a period in which a person is a member of the support group.”

(2)15In Schedule 4 to that Act (transition relating to Part 1), in paragraph 7(2), at the end there is inserted—

“(f)make provision modifying the application of section 1A in relation to awards of an employment and support allowance to persons previously entitled to existing awards.”

5220Condition relating to youth

(1)In section 1 of the Welfare Reform Act 2007 (employment and support allowance), in subsection (2)(a), the words “or the third condition set out in that Part of that Schedule (condition relating to youth)” are repealed.

(2)In Schedule 1 to that Act (additional conditions), paragraph 4 and the 25preceding cross-heading are repealed.

(3)After the coming into force of this section no claim may be made for an employment and support allowance by virtue of the third condition set out in Part 1 of Schedule 1 to the Welfare Reform Act 2007 (youth).

(4)In the case of a person who at any time after the coming into force of this 30section is entitled to an employment and support allowance by virtue of that condition, the period for which the person is entitled to that allowance shall not exceed 365 days.

(5)The reference to days in subsection (4)—

(a)includes days occurring before, as well as after, the coming into force of 35that subsection;

(b)does not include days in a period in which a person is a member of the support group (within the meaning of Part 1 of the Welfare Reform Act 2007).

Claimant responsibilities for interim period

5340Claimant commitment for employment and support allowance

(1)The Welfare Reform Act 2007 is amended as follows.

(2)In section 1(3) (employment and support allowance: basic conditions) after

56Claimant responsibilities for employment and support allowance

“Work-related requirements

11Work-related requirements

(1)The following provisions of this Part provide for the Secretary of State to impose work-related requirements with which persons entitled to an 30employment and support allowance must comply for the purposes of this Part.

(2)In this Part “work-related requirement” means—

(a)a work-focused interview requirement (see section 11B);

(b)a work preparation requirement (see section 11C).

(3)35The work-related requirements which may be imposed on a person depend on which of the following groups the person falls into—